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How can you show that a post-divorce move is necessary? 

On Behalf of | Oct 14, 2023 | Child Custody |

There are some cases where ex-spouses are not on good terms after a divorce, but they still share custody of their child. In an effort to reduce their ex’s time with the child, one parent may try to move far enough away that a custody exchange isn’t practical. They know that their ex has a right to see the child, but they are moving out of spite to make that impossible.

This can be a violation of their ex’s rights. The court order needs to be followed. No one should move without having a modification carried out to change the custody arrangement. The court does not want to allow parents to move simply to deny access to a child by the other parent.

Good faith reasons

When asking for that modification, the parent who wants to move may have to provide good reasons to do so. Some examples that the court may consider include:

  1. Moving in order to further their education 
  2. Taking a new job, especially if it pays more 
  3. Moving to an area where the cost of living makes it easier to raise the child on a limited budget
  4. Bringing the child closer to extended family members

This last reason can often be very helpful after a divorce. Someone who was counting on their spouse for income and assistance raising the child may now want extended family members to be involved. They still need that support system, especially with young children.

But at the end of the day, the goal is simply to show that the move is not being made out of spite or to negatively impact the other person’s relationship with the child. Parents must follow the proper legal steps and need to know exactly what is required in their unique situation.